20150274 Ver 1_401 Application_20150315

C�ea r ter
s
C1earWater Environmental Consultants, Inc
March 12, 2015 www.ewenv.com
Mr David Brown
US Army Corps of Engineers
Asheville Regulatory Field Office
151 Patton Avenue, Room 208
Asheville, North Carolina 28801 -2638
Ms. Karen Higgins
NC DWR, Webscape Unit
512 North Salisbury Street
Raleigh, North Carolina 27604
RE: Highlands Falls Bank Stabilization
Macon County, North Carolina
Dear Mr Brown and Ms Higgins-
�� i IN
The attached Pre - Construction Notification (PCN) is being submitted on behalf of Highlands
Falls Community Association, Inc represented by Ms Jenmfer Royce The protect site is located
off Falls Drive East in Highlands, Macon County, North Carolina. The applicant is seeking a
Nationwide Permit 13 for bank stabilization along the Cullasaja River.
Please do not hesitate to contact me at 828 - 698 -9800 if you have any questions or comments
regarding the enclosed PCN A copy of this package has been sent to Ms Andrea Leslie of the
NC Wildlife Resources Commission and Mr. Bryan Tompkins of the US Fish and Wildlife
Service for review. A copy of this application has also been submitted to Mr Tim Fox of the NC
Division of Water Resources, Asheville Regional Office
Respectfully,
Kevin Mitchell
Biologist
Copy Furnished:
NC Division of Water Resources, Asheville – Tim Fox
NC Wildlife Resources Commission – Andrea Leslie
US Fish and Wildlife Service – Bryan Tompkins
224 South Grove Street, Suite F
Hendersonville, NC 28792
828 -698 -9800 Tel
828 - 698 -9003 Fax
a —
Cd'dle, � R Clement P.W.S
Principal

Corps Submittal Cover Sheet
Please provide the following info.
1. Project Name Highlands Falls Bank Stabilization
2 Name of Property Owner/Applicant- Highlands Falls Community Association, Inc
3 Name of Consultant/Agent: C1earWater Environmental Consultants, Inc
*Agent authonznuon needs to be attached
4 Related /previous Action ID numbers(s): N/A
5. Site Address: 290 Skylake Road
6 Subdivision Name: Highlands Falls Country Club
7 City. Highlands
8 County- Macon
9. Lat• 35.068861N Long- - 83.180598W (Decimal Degrees Please)
10 Quadrangle Name: Highlands
11. Waterway: Cullasala River
12. Watershed- Little Tennessee 06010202
13. Requested Action:
X Nationwide Permit # 13
General Permit #
Jurisdictional Determination Request
Pre- Application Request
The following information will be completed by the Corps office:
AID:
Prepare File Folder Assign number in ORM Begin Date
Authorization- Section 10 Section 404
Project Description/Nature of Activity/Project Purpose.
Site/Waters Name.
Keywords-

war= 11 -UU aLr eC ,
Department of the Army NCDENR
Wilmington District, Corps of Engineers NC DWR, Webscape Unit
Attn: Scott McLendon, Chief Regulatory Division Attn• Karen Higgins
PO Box 1890 512 North Salisbury Street
Wilmington, NC 28402 -1890 Raleigh, North Carohna 27604
I, the current landowner /managing partner of the property identified below, hereby
authorize C1earWater Environmental Consultants, Inc. (CEC) to act on my behalf as my
agent during the processing of jurisdictional determination requests and permits to impact
Wetlands and Water of the US subject to Federal jurisdiction under Section 404 of the
Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. CEC is
authorized to provide supplemental information as needed at the request of the USAGE
or DWR.
Additionally, I authorize representatives of the Wilmington District, US Army Corps of
Engineers to enter upon the property herein described for the purposes of conducting on-
site investigations and issuing a determination associated with Wetlands and Waters of
the US subject to Federal jurisdiction under Section 404 of the Clean Water Act and/or
Section 10 of the Rivers and Harbors Act of 1899.
Property Owner of Record: _1(90LA-9 DS -V U 5 CVM t1kOtI -M k'W-1 AVdd
Property Owner of Address. Z-qO 57VY LAV-I� 'iZD kD>
&gLmM , mt 2S��Fj
Phone Number $2 SZ.& W'217
Property Location. 'jr 14 06 W 51) (-, L)e— 'J Sao rie", V[ i ✓&iLn
Owner/Managing Partner r
Printed Name �� -it►1 i�� t� A . TD c 2
Owner/Managing Partner Signature-
Date: v7L�q %otg
224 South Grove Street, Suite F
Hendersonville, NC 28792
Phone [phone]
www cwenv.com

Parcel Information

31102015 Macon Cotally Property Inform abon
Jet Ct
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PARCEL 7540965503 ADDRESS FALLS DR E
OWNER HIGHLANDS FALLS COUNTRY CLUB
Details
Property Address FALLS DR E
Current Owner HIGHLANDS FALLS COUNTRY CLUB
Structures
Property Description OFF 64 & 1404
Owner Address ONE CLUB DRIVE, HIGHLANDS NC 28741
Township HIGHLANDS
Deed Book/Page 1A13790
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Date Recorded Tuesday, March 21 1995
Map
Neighborhood HIGHLANDS FALLS COUNTRY CLUB
Sala Price SO 00
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Number of Buildings 0
Land Tax Value S562,50000
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Acreage 1875
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Land Deferment Amount 50 00
Topography ROLLING
ExemptlonAmount 5000
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Approximate Elevation 3782
Date Last Appraised Friday October 17 2014
Map Sheet 754002
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o�pF W A TFRQG
y ;=
Office Use Only
Corps action ID no
DWQ project no
Form Version 1 3 Dec 10 2008
DENR -WATER RESOURCES
401 8 BUFFER PERMITTING
Page 1 of 11
PCN Form — Version 1 3 December 10, 2008 Version
Pre - Construction Notification PCN Form
A. Applicant Information
1.
Processing
la
Type(s) of approval sought from the
Corps.
®Section 404 Permit ❑Section 10 Permit
1b Specify Nationwide Permit (NWP) number 13 or General Permit (GP) number
1c
Has the NWP or GP number been venfied by the Corps?
❑ Yes
® No
1 d
Type(s) of approval sought from the DWQ (check all that apply)
® 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit
❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization
1 e
Is this notification solely for the record
because written approval is not required?
For the record only for DWQ 401
Certification
❑ Yes ® No
For the record only for Corps Permit
❑ Yes ® No
if
Is payment into a mitigation bank or in -lieu fee program proposed for mitigation
of impacts? If so, attach the acceptance letter from mitigation bank or in -lieu
fee program
❑ Yes
® No
1g
Is the project located in any of NC's twenty coastal counties If yes, answer lh
below
❑ Yes
® No
1h Is the project located within a NC DCM Area of Environmental Concern (AEC)?
❑ Yes
® No
2.
Project Information
2a
Name of project
Highlands Falls Bank Stabilization
2b. County
Macon
2c. Nearest municipality / town
Highlands
2d
Subdivision name
Highlands Falls Country Club
2e
NCDOT only, T I P or state
project no
N/A
3.
Owner Information
3a
Name(s) on Recorded Deed
Highlands Falls Community Association, Inc
3b. Deed Book and Page No
1A/3790
3c
Responsible Party (for LLC if
applicable)
Jennifer Royce
3d
Street address
290 Skylake Road
3e
City, state, zip.
Highlands, NC 28741
3f
Telephone no
828 - 526 -2203
3g
Fax no •
N/A
3h. Email address
N/A
MAR 1 6 2015
DENR -WATER RESOURCES
401 8 BUFFER PERMITTING
Page 1 of 11
PCN Form — Version 1 3 December 10, 2008 Version

4
Applicant Information (if different from owner)
4a
Applicant is
❑ Agent ❑ Other, specify.
4b
Name
4c
Business name
(if applicable)
4d
Street address
4e
City, state, zip
4f
Telephone no
4g
Fax no
4h
Email address
5.
AgenVConsultant Information (if applicable)
5a
Name
R Clement Riddle
5b
Business name
(if applicable)
ClearWater Environmental Consultants, Inc
5c
Street address
224 South Grove Street, Suite F
5d
City, state, zip.
Hendersonville, North Carolina 28792
5e. Telephone no
828 -698 -9800
5f.
Fax no
n/a
5g
Email address
clement @cwenv com
Page 2 of 11
PCN Form — Version 1 3 December 10, 2008 Version

B. Project Information and Prior Project History
1. Property Identification
la Property identification no (tax PIN or parcel ID)
7540965503
lb Site coordinates (in decimal degrees)
Latitude 35 068861N Longitude -83 180598W
(DD DDDDDD) ( -DD DDDDDD)
1c Property size
+/-1875
2. Surface Waters
2a Name of nearest body of water (stream, river, etc ) to
Cullasata River
proposed project,
2b Water Quality Classification of nearest receiving water
WS III, Tr
2c River basin
Little Tennessee
3. Project Description
3a Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this
application Existing conditions on site include a country club with an 18 -hole golf course Land use in the vicinity
includes residential and forests
3b List the total estimated acreage of all existing wetlands on the property
There are no wetlands within the protect area
3c List the total estimated linear feet of all existing streams (intermittent and perennial) on the property
Approximately 134 linear feet of stream within the protect area
3d Explain the purpose of the proposed protect
The purpose of the project is to stabilize both banks of the Cullasaja River where erosion is undermining the existing np
rap slope on the right bank descending and the existing bridge support on the left bank descending (See attached
photos).
3e Describe the overall project in detail, including the type of equipment to be used*
The project will include the installation of a concrete pad beneath the bridge support on the left bank descending Class II
rip rap will then line the proposed concrete Concrete will also be utilized with the addition of np rap on the right bank
descending Typical earth moving equipment will be used. During construction, the contractor will install a coffer dam to
assist with completing the work "in the dry"
4. Jurisdictional Determinations
4a Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
❑ Yes ® No ❑ Unknown
project (including all pnor phases) in the past?
Comments
4b If the Corps made the jurisdictional determination, what type
E] Preliminary ❑Final
of determination was made?
4c If yes, who delineated the jurisdictional areas?
Agency /Consultant Company
Name (if known)
Other
4d If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation
5. Project History
5a Have permits or certifications been requested or obtained for
❑ Yes ❑ No ® Unknown
this project (including all prior phases) in the past?
5b. If yes, explain in detail according to "help file" instructions
Page 3 of 11
PCN Form — Version 1 3 December 10, 2008 Version

6. Future Project Plans
6a Is this a phased project? ❑ Yes ® No
6b If yes, explain
Page 4 of 11
PCN Form — Version 1.3 December 10, 2008 Version

C Proposed Impacts Inventory
1 Impacts Summary
la Which sections were completed below for your project (check all that apply)
❑ Wetlands ® Streams - tnbutanes ❑ Buffers
❑ Open Waters ❑ Pond Construction
2 Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted
2a.
2b
2c
2d.
2e
2f
Wetland impact
Type of Iunsdiction
number —
Type of impact
Type of wetland
Forested
(Corps - 404, 10
Area of impact
Permanent (P) or
(if known)
DWQ — non -404, other)
(acres)
Temporary T
W1 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W2 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W3 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W4 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W5 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W6 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
2g. Total wetland impacts
2h Comments
3. Stream Impacts
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this
question for all stream sites impacted
3a
3b
3c
3d
3e
3f
3g
Stream impact
Type of impact
Stream name
Perennial
Type of jurisdiction
Average
Impact
number -
(PER) or
(Corps - 404, 10
stream
length
Permanent (P) or
intermittent
DWQ — non -404,
width
(linear
Temporary (T)
(INT)?
other)
(feet)
feet)
S1 ®P ❑ T
Bank Stabilization
Cullasaja River
® PER
❑ INT
® Corps
® DWQ
15
65
S2 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
S3 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
S4 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
S5 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
S6 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
3h Total stream and tributary impacts
65
N Comments
Page 5 of 11
PCN Form — Version 1 3 December 10, 2008 Version

4. Open Water Impacts
If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of
the U S then individually list all open water impacts below
4a
4b
4c.
4d
4e
Open water
Name of waterbody
impact number —
(if applicable)
Type of impact
Waterbody type
Area of impact (acres)
Permanent (P) or
Tem ora T
01 ❑ PEI T
02 ❑P ❑T
03 ❑P ❑T
04 ❑P ❑T
4E Total open water impacts
4g Comments
5. Pond or Lake Construction
If pond or lake construction proposed, then complete the chart below.
5a
5b
5c
5d
5e
Wetland Impacts (acres)
Stream Impacts (feet)
Upland
Pond ID
Proposed use or purpose
(acres)
number
of pond
Flooded
Filled
Excavated
Flooded
Filled
Excavated
Flooded
P1
P2
5L Total
5g Comments.
5h Is a dam high hazard permit required?
❑ Yes ❑ No If yes, permit ID no
51 Expected pond surface area (acres)
5i Size of pond watershed (acres)
5k Method of construction
6. Buffer Impacts (for DWQ)
If project will impact a protected riparian buffer, then complete the chart below If yes, then individually list all buffer impacts
below If any impacts require mitigation, then you MUST fill out Section D of this form
6a.
❑ Neuse ❑ Tar - Pamlico ❑ Other
Project is in which protected basin?
❑ Catawba ❑ Randleman
6b
6c
6d
6e.
6f
6g
Buffer impact
number—
Reason
Buffer
Zone 1 impact
Zone 2 impact
Permanent (P) or
for
Stream name
mitigation
(square feet)
(square feet)
Temporary T
impact
required?
B1 ❑ P ❑ T
❑ Yes
❑ No
132 ❑ P ❑ T
❑ Yes
❑ No
B3 ❑P ❑T
El Yes
❑ No
6h Total buffer impacts
61 Comments
Page 6 of 11
PCN Form — Version 1 3 December 10, 2008 Version

D. Impact Justification and Mitigation
1. Avoidance and Minimization
1a Specifically describe measures taken to avoid or minimize the proposed impacts in designing project
Impacts associated with this project are the minimum necessary to stabilize the banks and reinforce the bridge
1 b Specifically descnbe measures taken to avoid or minimize the proposed impacts through construction techniques
Construction equipment will be operated from high ground A coffer dam will be installed to conduct the work "in the dry"
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a Does the project require Compensatory Mitigation for
impacts to Waters of the U S or Waters of the State?
❑ Yes ® No
2b. If yes, mitigation is required by (check all that apply)
❑ DWQ ❑ Corps
2c If yes, which mitigation option will be used for this
project?
❑ Mitigation bank
Payment to in -lieu fee program
❑ Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank
3b Credits Purchased (attach receipt and letter)
Type
Quantity
3c Comments
4. Complete if Making a Payment to In -lieu Fee Program
4a. Approval letter from in -lieu fee program is attached
❑ Yes
4b Stream mitigation requested
linear feet
4c. If using stream mitigation, stream temperature
❑ warm ❑ cool ❑cold
4d Buffer mitigation requested (DWQ only)
square feet
4e Ripanan wetland mitigation requested
acres
4f Non - riparian wetland mitigation requested
acres
4g Coastal (tidal) wetland mitigation requested
acres
4h Comments
5. Complete if Using a Permittee Responsible Mitigation Plan
5a If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan
Page 7 of 11
PCN Form — Version 1 3 December 10, 2008 Version

6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ
6a Will the project result in an impact within a protected riparian buffer that requires
buffer mitigation?
❑ Yes ® No
6b If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation Calculate the
amount of mitigation required
Zone
6c
Reason for impact
6d
Total impact
(square feet)
Multiplier
6e
Required mitigation
(square feet)
Zone 1
3 (2 for Catawba)
Zone 2
1 5
6f Total buffer mitigation required:
6g If buffer mitigation is required, discuss what type of mitigation is proposed (e g , payment to private mitigation bank,
permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund)
6h Comments
Page 8 of 11
PCN Form — Version 1 3 December 10, 2008 Version

E. Stormwater Management and Diffuse Flow Plan (required by DWQ)
1.
Diffuse Flow Plan
1a
Does the project include or is it adjacent to protected riparian buffers identified
❑ Yes ® No
within one of the NC Riparian Buffer Protection Rules?
lb
If yes, then is a diffuse flow plan included? If no, explain why
❑ Yes ❑ No
Comments
2.
Stormwater Management Plan
2a
What is the overall percent imperviousness of this project?
0%
2b
Does this project require a Stormwater Management Plan?
❑ Yes ® No
2c
If this project DOES NOT require a Stormwater Management Plan, explain why This
project does not require the addition
of impervious surfaces
2d
If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan
❑ Certified Local Government
2e
Who will be responsible for the review of the Stormwater Management Plan'?
❑ DWO Stormwater Program
❑ DWO 401 Unit
3.
Certified Local Government Stormwater Review
3a
In which local government's jurisdiction is this project?
❑ Phase II
3b
Which of the following locally - implemented stormwater management programs
❑ NSW
❑ USMP
apply (check all that apply)
❑ Water Supply Watershed
❑ Other
3c
Has the approved Stormwater Management Plan with proof of approval been
❑ Yes ❑ No
attached?
4.
DWQ Stormwater Program Review
❑ Coastal counties
❑ HOW
4a
Which of the following state - implemented stormwater management programs apply
❑ ORW
(check all that apply)
❑ Session Law 2006 -246
❑ Other
4b.
Has the approved Stormwater Management Plan with proof of approval been
❑ Yes ❑ No
attached?
S. DWQ 401 Unit Stormwater Review
5a
Does the Stormwater Management Plan meet the appropriate requirements?
❑ Yes ❑ No
5b Have all of the 401 Unit submittal requirements been met?
❑ Yes ❑ No
Page 9 of 11
PCN Form — Version 1 3 December 10, 2008 Version

F.
Supplementary Information
1
Environmental Documentation (DWQ Requirement)
la
Does the project involve an expenditure of public (federal /state /local) funds or the
❑ Yes
® No
use of public (federal /state) land?
lb
If you answered "yes" to the above, does the project require preparation of an
environmental document pursuant to the requirements of the National or State
❑ Yes
❑ No
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
1c
If you answered "yes" to the above, has the document review been finalized by the
State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval
❑ Yes
❑ No
letter )
Comments
2
Violations (DWQ Requirement)
2a
Is the site in violation of DWQ Wetland Rules (15A NCAC 2H 0500), Isolated
Wetland Rules (15A NCAC 2H 1300), DWQ Surface Water or Wetland Standards,
❑ Yes
® No
or Riparian Buffer Rules (15A NCAC 2B .0200)?
2b
Is this an after -the -fact permit applications
❑ Yes
® No
2c
If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s)
3.
Cumulative Impacts (DWQ Requirement)
3a.
Will this project (based on past and reasonably anticipated future impacts) result in
❑ Yes
® No
additional development, which could impact nearby downstream water quality?
3b
If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the
most recent DWQ policy If you answered "no," provide a short narrative description
4.
Sewage Disposal (DWQ Requirement)
4a
Clearly detail the ultimate treatment methods and disposition (non - discharge or discharge) of wastewater generated from
the proposed project, or available capacity of the subject facility
Wastewater will not be generated as a result of this proposed project
Page 10 of 11
PCN Form — Version 1 3 December 10, 2008 Version

5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a Will thi? protect occur in or near an area with federally protected species or
El Yes ® No
habitat
5b. Have you checked with the LISFWS concerning Endangered Species Act
❑ Yes ® No
impacts?
5c If yes, indicate the USFWS Field Office you have contacted
❑ Raleigh
❑ Asheville
5d What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
USFWS County data and Natural Heritage Program (NHP) data
6. Essential Fish Habitat (Corps Requirement)
6a Will this project occur in or near an area designated as essential fish habitat?
❑ Yes ® No
6b What data sources did you use to determine whether your site would impact Essential Fish Habitat?
South Atlantic Habitat and Ecosystem IMS Impact will not occur in a marine system
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a Will this project occur in or near an area that the state, federal or tribal
governments have designated as having historic or cultural preservation
® Yes ❑ No
status (e.g., National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
7b What data sources did you use to determine whether your site would impact historic or archeological resources?
National Register of Historic Places records maintained by the NC State Historic Preservation Office (SHPO) and
available on SHPO's HPOWEB GIS Service The Mirror Lake Historic District (HPO Site ID MA0562) and the Godfrey -
England- Dogget House (HPO Site ID MA0556) are located approximately 1.7 miles to the southwest of the project site
The Highlands North Historic District (HPO Site ID MA0554) and the Playmore -Bowery Road Historic District (HPO Site
ID MA0539) are both located within a half mile of the project site It is the opinion of CEC that the proposed project will
not threaten the integrity of this site
8. Flood Zone Designation (Corps Requirement)
8a Will this project occur in a FEMA- designated 100 -year floodplain ?
® Yes ❑ No
8b. If yes, explain how project meets FEMA requirements Applicant will comply with the Macon County Floodplain ordinance
and obtain approval by Macon County and /or FEMA prior to construction
8c. What source(s) did you use to make the floodplain determination? FEMA Map Service Center, 3700754000J (effective
5/4/2009)
Q . CXenit
Applicant/Agent's Printed Name
p icant/Agent's Signature
Date
(Agent's signature is valid only if an authorization letter from the applicant
is provided
Page 11 of 11
PCN Form — Version 1 3 December 10, 2008 Version

M
Highlands Falls Bank Stabilization ( +/- 65 If)
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Legend
Project Location A
Drawn y: RKM 3.5.2015, CEC Project# 801
Approximate Site Location l `�
J10-
Falls
f1v
Macon County,
North Carolina
CLearWater
224 South Grove Street, Suite F
Hendersonville, North Carolina 28792
'k
Dr
EkDixon O,
Shff.
will /Pail %w
N
0 750 1,500 3, 000
Feet
Site Vicinity
Figure 1

Highlands Falls Bank Stabilization ( +/- 65 If)
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• �^ 1. - J =; f "%
--� 4b
It
• 1 • 7� tli
M, J' 53 0 4r r
to 3818•x` r 1�
IV
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Approximate Site Location
f
• ti �v ^�J
M in
� d
Legend
,-
•; ":. 0 750 1,500 3,000
xY Project Location ==4 1 Feet
•Drawn by: RKM 3.5.2015; CEC (ojeot#
Macon County,
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Highlands Quad
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224 South Grove Street, Suite F g
Hendersonville, North Carolina 28792

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SURLY INFORMATION BYINFORMATION BY
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HIGH POINT, NC 27262
PHONE [phone]
LINEAR STREAMBANK
RESTORATION = 65 FT TOTAL
GRAPHIC SCALE
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1 CONTRACTOR TO TAKE ALL MEASURE NECESSARY TO PREVENT FRESH
CONCRETE FROM COMING INTO CONTACT WITH STREAM UNTIL CONCRETE
HAS HARDENED
2 WORK IN- STREAM AND WITHIN A 25 -FOOT BUFFER ZONE IS PROHIBITED
DURING THE TROUT SPAWNING PERIOD OF OCTOBER 15 THROUGH APRIL
15 TO PROTECT THE EGG AND FRY STAGES FROM SEDIMENTATION
3 VEGETATION SHOULD BE PRESERVED AS MUCH AS POSSIBLE TREES
THAT MUST BE REMOVED SHOULD BE CUT NEAR GROUND LEVEL,
LEAVING THE STUMP AND ROOTS IN THE BANK FOR STABILITY
4 USE NATURAL MATERIALS AS MUCH AS POSSIBLE TO RESTORE THE
STREAM BANK AT THE CROSSING RIP RAP SHALL BE LIMITED TO THE
NORMAL HIGH WATER MARK
5 ALL MECHANIZED EQUIPMENT OPERATED IN OR NEAR SURFACE WATERS
SHALL BE REGULARLY INSPECTED AND MAINTAINED TO PREVENT
CONTAMINATION OF STREAM FROM FUELS, LUBRICANTS, HYDRAULIC
FLUIDS, AND OTHER TOXIC MATERIALS
6 ALL SOIL IS TO BE REMOVED AND THE STREAM CHANNEL FLOOR
STABILIZED BEFORE SAND BAGS (OR COFFER DAM) ARE REMOVED
7 ONLY ONE SIDE OF STREAM TO BE REPAIRED AT A TIME
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100 Year Floodplain
Drawn by: RKM 3.5.2015; CEC Project# 8 1
Approximate Site Location
0 62.5 125 250
CLear�/ater FEMA Floodplain Map
Macon County, FEMA Map Service Center
North Carolina 224 South Grove Street, Suite F Map Panel 3700754000)
Hendersonville, North Carolina 28792 Figure 6

Representative Photographs

Photo 1. Photograph of bridge from the left bank descending.
Photo 2. Photograph of the right bank descending showing eroding bank.
Representative Photographs

Photo 3. Photograph of the right bank descending showing undermined rip rap.
Photo 4. Photograph of the left bank descending showing undermined pier.
Representative Photographs

Jurisdictional Determination Information

APPROVED JURISDICTIONAL DETERMINATION FORM
U.S. Army Corps of Engineers
This form should be completed by following the instructions provided in Section IV of the JD Form Instructional Guidebook
SECTION I: BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION (JD):
B DISTRICT OFFICE, FILE NAME, AND NUMBER:
C. PROJECT LOCATION AND BACKGROUND INFORMATION:
State NC County/pansh/borough Macon City Highlands
Center coordinates of site (lat/long in degree decimal format) Lat 35 068861 ° N, Long -83 1805980 W
Universal Transverse Mercator NAD 83
Name of nearest waterbody Cullasaja River
Name of nearest Traditional Navigable Water (TNW) into which the aquatic resource flows Little Tennessee
Name of watershed or Hydrologic Unit Code (HUC) Little Tennessee 06010202
® Check if map /diagram of review area and /or potential Jurisdictional areas is /are available upon request
❑ Check if other sites (e g , offsite mitigation sites, disposal sites, etc ) are associated with this action and are recorded on a
different JD form
D REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
❑ Office (Desk) Determination Date
❑ Field Determination Date(s)
SECTION II: SUMMARY OF FINDINGS
A. RHA SECTION 10 DETERMINATION OF JURISDICTION.
There AreAre no "navigable waters of the U S " within Rivers and Harbors Act (RHA) Jurisdiction (as defined by 33 CFR part 329) in the
review area [Required]
❑ Waters subject to the ebb and flow of the tide
❑ Waters are presently used, or have been used in the past, or may be susceptible for use to transport interstate or foreign commerce
Explain
B. CWA SECTION 404 DETERMINATION OF JURISDICTION.
There A,P'R "waters of the US" within Clean Water Act (CWA) jurisdiction (as defined by 33 CFR part 328) in the review area [Required]
Waters of the U.S.
a. Indicate presence of waters of U.S. in review area (check all that apply)-'
TNWs, including territorial seas
❑ Wetlands adjacent to TNWs
® Relatively permanent watersz (RPWs) that flow directly or indirectly into TNWs
Non -RPWs that flow directly or indirectly into TNWs
❑ Wetlands directly abutting RPWs that flow directly or indirectly into TNWs
❑ Wetlands adjacent to but not directly abutting RPWs that flow directly or indirectly into TNWs
Wetlands adjacent to non -RPWs that flow directly or indirectly into TNWs
Impoundments of jurisdictional waters
❑ Isolated (interstate or intrastate) waters, including isolated wetlands
b. Identify (estimate) size of waters of the U S. in the review area:
Non - wetland waters 65 linear feet 15 width (ft) and/or acres
Wetlands acres
c. Limits (boundaries) of jurisdiction based on Establlshed;by HWM.
Elevation of established OHWM (if known)
2. Non - regulated waters /wetlands (check if applicable):3
Q Potentially jurisdictional waters and/or wetlands were assessed within the review area and determined to be not jurisdictional
Explain
i Boxes checked below shall be supported by completing the appropriate sections in Section Ill below
2 For purposes of this form, an RPW is defined as a tributary that is not a TNW and that typically flows year -round or has continuous flow at least "seasonally"
(e g , typically 3 months)
3 Supporting documentation is presented in Section III F

SECTION III CWA ANALYSIS
A TNWs AND WETLANDS ADJACENT TO TNWs
The agencies will assert jurisdiction over TNWs and wetlands adjacent to TNWs. If the aquatic resource is a TNW, complete
Section III.A.1 and Section III.D.1 only; if the aquatic resource is a wetland adjacent to a TNW, complete Sections III.A.1 and 2
and Section III.D.1.; otherwise, see Section IILB below
1 TNW
Identify TNW
Summarize rationale supporting determination
2. Wetland adjacent to TNW
Summarize rationale supporting conclusion that wetland is "adjacent"
B CHARACTERISTICS OF TRIBUTARY (THAT IS NOT A TNW) AND ITS ADJACENT WETLANDS (IF ANY):
This section summarizes information regarding characteristics of the tributary and its adjacent wetlands, if any, and it helps
determine whether or not the standards for jurisdiction established under Rapanos have been met.
The agencies will assert jurisdiction over non - navigable tributaries of TNWs where the tributaries are "relatively permanent
waters" (RPWs), i.e. tributaries that typically flow year -round or have continuous flow at least seasonally (e.g., typically 3
months). A wetland that directly abuts an RPW is also jurisdictional. If the aquatic resource is not a TNW, but has year -round
(perennial) flow, slip to Section III.D.2 If the aquatic resource is a wetland directly abutting a tributary with perennial flow,
skip to Section III.D.4.
A wetland that is adjacent to but that does not directly abut an RPW requires a significant nexus evaluation. Corps districts and
EPA regions will include in the record any available information that documents the existence of a significant nexus between a
relatively permanent tributary that is not perennial (and its adjacent wetlands if any) and a traditional navigable water, even
though a significant nexus finding is not required as a matter of law.
If the waterbody° is not an RPW, or a wetland directly abutting an RPW, a JD will require additional data to determine if the
waterbody has a significant nexus with a TNW. If the tributary has adjacent wetlands, the significant nexus evaluation must
consider the tributary in combination with all of its adjacent wetlands. This significant nexus evaluation that combines, for
analytical purposes, the tributary and all of its adjacent wetlands is used whether the review area identified in the JD request is
the tributary, or its adjacent wetlands, or both. If the JD covers a tributary with adjacent wetlands, complete Section III.B.1 for
the tributary, Section III.B.2 for any onsite wetlands, and Section III.B.3 for all wetlands adjacent to that tributary, both onsite
and offsite. The determination whether a significant nexus exists is determined in Section III.0 below.
1. Characteristics of non -TNWs that flow directly or indirectly into TNW
(i) General Area Conditions
Watershed size Pick List
Drainage area Pick List
Average annual rainfall inches
Average annual snowfall inches
(u) Physical Characteristics.
(a) Relationship with TNW
❑ Tributary flows directly into TNW
❑ Tributary flows through Pick E 'List tributaries before entering TNW
Project waters are Pick List river miles from TNW
Project waters are Pick List ever miles from RPW
Project waters are Pick List aerial (straight) miles from TNW
Project waters are Pick _, ist aenal (straight) miles from RPW
Project waters cross or serve as state boundaries Explain
Identify flow route to TNW5
Tributary stream order, if known
Note that the Instructional Guidebook contains additional information regarding swales, ditches, washes, and erosional features generally and in the and
West
5 Flow route can be described by identifying, e g , tributary a, which flows through the review area, to flow into tributary b, which then flows into TNW

(b) General Tributary Characteristics (check all that apply)
Tributary is ❑ Natural
❑ Artificial (man -made) Explain
❑ Manipulated (man - altered) Explain
Tributary properties with respect to top of bank (estimate)
Average width feet
Average depth feet
Average side slopes PI Lck�"ist.
Primary tributary substrate composition (check all that apply)
❑ Silts ❑ Sands
❑ Cobbles ❑ Gravel
❑ Bedrock ❑ Vegetation Type /% cover
❑ Other Explain
❑ Concrete
❑ Muck
Tributary condition /stability [e g, highly eroding, sloughing banks] Explain
Presence of run/nffle /pool complexes Explain
Tributary geometry PickPick L
Tributary gradient (approximate average slope) %
(c) Flow
Tributary provides for Pick List
Estimate average number of flow events in review area/year PIckk Ust
Describe flow regime
Other information on duration and volume
Surface flow is PI Lck�ist. Characteristics
Subsurface flow P>t Lck Explain findings
❑ Dye (or other) test performed
Tributary has (check all that apply)
❑ Bed and banks
❑ OHWM6 (check all indicators that apply)
❑ clear, natural line impressed on the bank
❑
the presence of litter and debris
❑ changes in the character of soil
❑
destruction of terrestrial vegetation
❑ shelving
❑
the presence of wrack line
❑ vegetation matted down, bent, or absent
❑
sediment sorting
❑ leaf litter disturbed or washed away
❑
scour
❑ sediment deposition
❑
multiple observed or predicted flow events
❑ water staining
❑
abrupt change in plant community
❑ other (list)
❑ Discontinuous OHWM 7 Explain
If factors other than the OHWM were used to determine lateral extent of CWA jurisdiction (check all that apply)
Q High Tide Line indicated by Q Mean High Water Mark indicated by
❑ oil or scum line along shore objects ❑ survey to available datum,
❑ fine shell or debris deposits (foreshore) ❑ physical markings,
❑ physical markings /characteristics ❑ vegetation lines /changes in vegetation types
❑ tidal gauges
❑ other (list)
(iii) Chemical Characteristics:
Characterize tributary (e g , water color is clear, discolored, oily film, water quality, general watershed charactenstics, etc )
Explain
Identify specific pollutants, if known
6A natural or man -made discontinuity in the OHWM does not necessarily sever jurisdiction (e g, where the stream temporarily flows underground, or where
the OHWM has been removed by development or agricultural practices) Where there is a break in the OHWM that is unrelated to the waterbody's flow
regime (e g , flow over a rock outcrop or through a culvert), the agencies will look for indicators of flow above and below the break
'Ibid

(w) Biological Characteristics Channel supports (check all that apply):
❑ Riparian corridor Characteristics (type, average width)
❑ Wetland fringe Characteristics
❑ Habitat for
❑ Federally Listed species Explain findings
❑ Fish /spawn areas Explain findings
❑ Other environmentally - sensitive species Explain findings
❑ Aquatic /wildlife diversity Explain findings
2 Characteristics of wetlands adjacent to non -TNW that flow directly or indirectly into TNW
(i) Physical Characteristics:
(a) General Wetland Characteristics
Properties
Wetland size acres
Wetland type Explain
Wetland quality Explain
Protect wetlands cross or serve as state boundaries Explain
(b) General Flow Relationship with Non -TNW
Flow is Pick List Explain
Surface flow is: Pick =List
Characteristics
Subsurface flow ick ist Explain findings
❑ Dye (or other) test performed
(c) Wetland Adjacency Determination with Non -TNW
❑ Directly abutting
❑ Not directly abutting
❑ Discrete wetland hydrologic connection Explain
❑ Ecological connection Explain
❑ Separated by berm/barrier Explain
(d) Proximity (Relationship) to TNW
Project wetlands are PtckL river miles from TNW
Project waters are Pi' 'List aerial (straight) miles from TNW
Flow is from P c1c Li
Estimate approximate location of wetland as within the -ri floodplam
(u) Chemical Characteristics:
Characterize wetland system (e g , water color is clear, brown, oil film on surface, water quality, general watershed
characteristics, etc ) Explain
Identify specific pollutants, if known
(iii) Biological Characteristics Wetland supports (check all that apply):
❑
Riparian buffer Characteristics (type, average width)
❑ Vegetation type /percent cover Explain
❑ Habitat for
❑ Federally Listed species Explain findings
❑ Fish/spawn areas Explain findings
❑ Other environmentally - sensitive species Explain findings
❑ Aquatic /wildlife diversity Explain findings
3. Characteristics of all wetlands adjacent to the tributary (if any)
All wetland(s) being considered in the cumulative analysis ck List
Approximately ( ) acres in total are being considered in the cumulative analysis

For each wetland, specify the following
Directly abuts9 (Y/N) Size (in acres) Directly abuts9 (Y/N) Size (in acres)
Summarize overall biological, chemical and physical functions being performed
C SIGNIFICANT NEXUS DETERMINATION
A significant nexus analysis will assess the flow characteristics and functions of the tributary itself and the functions performed
by any wetlands adjacent to the tributary to determine if they significantly affect the chemical, physical, and biological integrity
of a TNW. For each of the following situations, a significant nexus exists if the tributary, in combination with all of its adjacent
wetlands, has more than a speculative or insubstantial effect on the chemical, physical and/or biological integrity of a TNW.
Considerations when evaluating significant nexus include, but are not limited to the volume, duration, and frequency of the flow
of water in the tributary and its proximity to a TNW, and the functions performed by the tributary and all its adjacent
wetlands It is not appropriate to determine significant nexus based solely on any specific threshold of distance (e.g. between a
tributary and its adjacent wetland or between a tributary and the TNW). Similarly, the fact an adjacent wetland lies within or
outside of a floodplain is not solely determinative of significant nexus
Draw connections between the features documented and the effects on the TNW, as identified in the Rapanos Guidance and
discussed in the Instructional Guidebook. Factors to consider include, for example:
• Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to carry pollutants or flood waters to
TNWs, or to reduce the amount of pollutants or flood waters reaching a TNW9
• Does the tnbutary, in combination with its adjacent wetlands (if any), provide habitat and lifecycle support functions for fish and
other species, such as feeding, nesting, spawning, or rearing young for species that are present in the TNW9
• Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to transfer nutrients and organic carbon that
support downstream foodwebs?
• Does the tributary, in combination with its adjacent wetlands (if any), have other relationships to the physical, chemical, or
biological integrity of the TNW?
Note: the above list of considerations is not inclusive and other functions observed or known to occur should be documented
below:
1. Significant nexus findings for non -RPW that has no adjacent wetlands and flows directly or indirectly into TNWs Explain
findings of presence or absence of significant nexus below, based on the tributary itself, then go to Section III D
2. Significant nexus findings for non -RPW and its adjacent wetlands, where the non -RPW flows directly or indirectly into
TNWs Explain findings of presence or absence of significant nexus below, based on the tributary in combination with all of its
adjacent wetlands, then go to Section III D
3. Significant nexus findings for wetlands adjacent to an RPW but that do not directly abut the RPW. Explain findings of
presence or absence of significant nexus below, based on the tributary in combination with all of its adjacent wetlands, then go to
Section III D
D. DETERMINATIONS OF JURISDICTIONAL FINDINGS. THE SUBJECT WATERS/WETLANDS ARE (CHECK ALL
THAT APPLY):
TNWs and Adjacent Wetlands. Check all that apply and provide size estimates in review area
TNWs linear feet width (ft), Or, acres
El Wetlands adjacent to TNWs acres
2. RPWs that flow directly or indirectly into TNWs.
® Tributaries of TNWs where tributaries typically flow year -round are jurisdictional Provide data and rationale indicating that
tributary is perennial Cullasaja River appears as a blue line through the project area
Q Tributaries of TNW where tributaries have continuous flow "seasonally" (e g, typically three months each year) are
jurisdictional Data supporting this conclusion is provided at Section III B Provide rationale indicating that tributary flows
seasonally

Provide estimates for jurisdictional waters in the review area (check all that apply)
® Tributary waters 65 linear feet 15 width (ft)
❑ Other non - wetland waters acres
Identify type(s) of waters
3 Non -RPWss that flow directly or indirectly into TNWs
❑ Waterbody that is not a TNW or an RPW, but flows directly or indirectly into a TNW, and it has a significant nexus with a
TNW is jurisdictional Data supporting this conclusion is provided at Section III C
Provide estimates for jurisdictional waters within the review area (check all that apply)
❑ Tributary waters linear feet width (ft)
❑ Other non - wetland waters acres
Identify type(s) of waters
4 Wetlands directly abutting an RPW that flow directly or indirectly into TNWs
El Wetlands directly abut RPW and thus are jurisdictional as adjacent wetlands
❑ Wetlands directly abutting an RPW where tributaries typically flow year -round Provide data and rationale
indicating that tributary is perennial in Section III D 2, above Provide rationale indicating that wetland is
directly abutting an RPW
❑ Wetlands directly abutting an RPW where tributaries typically flow "seasonally " Provide data indicating that tributary is
seasonal in Section IIi B and rationale in Section iII D 2, above Provide rationale indicating that wetland is directly
abutting an RPW
Provide acreage estimates for junsdictional wetlands in the review area acres
5. Wetlands adjacent to but not directly abutting an RPW that flow directly or indirectly into TNWs
❑ Wetlands that do not directly abut an RPW, but when considered in combination with the tributary to which they are adjacent
and with similarly situated adjacent wetlands, have a significant nexus with a TNW are junsidictional Data supporting this
conclusion is provided at Section III C
Provide acreage estimates for jurisdictional wetlands in the review area acres
6 Wetlands adjacent to non -RPWs that flow directly or indirectly into TNWs.
❑ Wetlands adjacent to such waters, and have when considered in combination with the tributary to which they are adjacent and
with similarly situated adjacent wetlands, have a significant nexus with a TNW are junsdictional Data supporting this
conclusion is provided at Section III C
Provide estimates for jurisdictional wetlands in the review area acres
7. Impoundments of jurisdictional waters 9
As a general rule, the impoundment of a jurisdictional tributary remains jurisdictional
0 Demonstrate that impoundment was created from "waters of the US," or
Demonstrate that water meets the criteria for one of the categories presented above (1 -6), or
❑ Demonstrate that water is isolated with a nexus to commerce (see E below)
E. ISOLATED [INTERSTATE OR INTRA- STATE] WATERS, INCLUDING ISOLATED WETLANDS, THE USE,
DEGRADATION OR DESTRUCTION OF WHICH COULD AFFECT INTERSTATE COMMERCE, INCLUDING ANY
SUCH WATERS (CHECK ALL THAT APPLY) 10
❑ which are or could be used by interstate or foreign travelers for recreational or other purposes
❑ from which fish or shellfish are or could be taken and sold in interstate or foreign commerce
❑ which are or could be used for industrial purposes by industries in interstate commerce
❑ Interstate isolated waters Explain
❑ Other factors Explain
Identify water body and summarize rationale supporting determination:
8See Footnote # 3
9 To complete the analysis refer to the key in Section III D 6 of the Instructional Guidebook
10 Prior to asserting or declining CWA jurisdiction based solely on this category, Corps Districts will elevate the action to Corps and EPA HQ for
review consistent with the process described in the Corps/EPA Memorandum Regarding CWA Act Jurisdiction Following Rapanos

Provide estimates for Junsdictional waters in the review area (check all that apply)
❑ Tributary waters linear feet width (ft)
❑ Other non - wetland waters acres
Identify type(s) of waters
❑ Wetlands acres
F. NON - JURISDICTIONAL WATERS, INCLUDING WETLANDS (CHECK ALL THAT APPLY).
❑ If potential wetlands were assessed within the review area, these areas did not meet the criteria in the 1987 Corps of Engineers
Wetland Delineation Manual and/or appropriate Regional Supplements
Review area included isolated waters with no substantial nexus to interstate (or foreign) commerce
❑ Prior to the Jan 2001 Supreme Court decision in "SWANCC," the review area would have been regulated based solely on the
"Migratory Bird Rule" (MBR)
❑ Waters do not meet the "Significant Nexus" standard, where such a finding is required for Jurisdiction Explain
❑ Other (explain, if not covered above)
Provide acreage estimates for non- lunsdichonal waters in the review area, where the sole potential basis of Jurisdiction is the MBR
factors (i e, presence of migratory birds, presence of endangered species, use of water for irrigated agriculture), using best professional
Judgment (check all that apply)
❑ Non - wetland waters (1 e , rivers, streams) linear feet width (ft)
❑ Lakes /ponds acres
❑ Other non - wetland waters acres List type of aquatic resource
❑ Wetlands acres
Provide acreage estimates for non - jurisdictional waters in the review area that do not meet the "Significant Nexus" standard, where such
a finding is required for Junsdiction (check all that apply)
Non - wetland waters (i e , rivers, streams) linear feet, width (ft)
❑ Lakes /ponds acres
❑ Other non- wetland waters acres List type of aquatic resource
Wetlands acres
SECTION IV: DATA SOURCES.
A. SUPPORTING DATA. Data reviewed for JD (check all that apply - checked items shall be included in case file and, where checked
and requested, appropriately reference sources below)
❑ Maps, plans, plots or plat submitted by or on behalf of the applicant/consultant
❑ Data sheets prepared/submitted by or on behalf of the applicant/consultant
❑ Office concurs with data sheets /delineation report
❑ Office does not concur with data sheets /delineation report
❑ Data sheets prepared by the Corps
❑ Corps navigable waters' study
❑ U S Geological Survey Hydrologic Atlas
❑ USGS NHD data
❑ USGS 8 and 12 digit HUC maps
® U S Geological Survey map(s) Cite scale & quad name 1 24K, Highlands Quad
❑ USDA Natural Resources Conservation Service Soil Survey Citation
❑ National wetlands inventory map(s) Cite name
❑ State /Local wetland inventory map(s)
❑ FEMA/FIRM maps
❑ 100 -year Floodplam Elevation is (National Geodectic Vertical Datum of 1929)
® Photographs ® Aerial (Name & Date) NCCGIA, 2010
or ❑ Other (Name & Date)
❑ Previous determination(s) File no and date of response letter
❑ Applicable /supporting case law
❑ Applicable /supporting scientific literature
❑ Other information (please specify)
B. ADDITIONAL COMMENTS TO SUPPORT JD: